Ohio Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Ohio Questions & Answers
Q: on probation for trafficking- driving with no drivers license
Matthew Williams' answer
Driving without a license would be a violation of his probation though probably not a real serious one. You, however, could be charged criminally with an offense called negligent entrustment for knowingly allowing an unlicensed driver to use your vehicle. You are right to say no.
Driving without a license would be a violation of his probation though probably not a real serious one. You, however, could be charged criminally with an offense called negligent entrustment for knowingly allowing an unlicensed driver to use your vehicle. You are right to say no.
Q: My 16yo stepson got his 19yo girlfriend pregnant. Can she be charged with ORC 2919.24? They live in Canton, ohio
Matthew Williams' answer
It's possible, but it is not likely unless there is more than sex involved. That statute makes it unlawful for anyone to contribute to a child's unruliness or delinquency. He has committed no crime that you list, so he isn't delinquent, and unruliness usually involves a pattern of disobedience like running away, truancy violations, etc. If he is a good kid other than having made the mistake of sleeping with her, then she didn't violate 2919.24. If she helped him be bad in a variety of ways, she...
It's possible, but it is not likely unless there is more than sex involved. That statute makes it unlawful for anyone to contribute to a child's unruliness or delinquency. He has committed no crime that you list, so he isn't delinquent, and unruliness usually involves a pattern of disobedience like running away, truancy violations, etc. If he is a good kid other than having made the mistake of sleeping with her, then she didn't violate 2919.24. If she helped him be bad in a variety of ways, she...
Q: Can you be punished by law for purposesly beating on a disabled individual.?
1 Answer
| Asked
in
Criminal Law, Personal Injury, Civil Rights and Federal Crimes
for
Ohio
on
Answered on May 24, 2018
Answered on May 24, 2018
Matthew Williams' answer
You can be punished by law for beating on anyone. Assault is illegal. How old are these boys? Perhaps the police believe this situation is better handled by parents and teachers than police officers and judges.
You can be punished by law for beating on anyone. Assault is illegal. How old are these boys? Perhaps the police believe this situation is better handled by parents and teachers than police officers and judges.
Q: i have been convicted of a domestic violence charge is there a way i can take steps to pay it off without jail time
Matthew Williams' answer
Ordinary DV in Ohio is a first degree misdemeanor. While it is punishable by jail time, most first time offenders do not actually get jail time but wind up on probation instead.
Ordinary DV in Ohio is a first degree misdemeanor. While it is punishable by jail time, most first time offenders do not actually get jail time but wind up on probation instead.
Q: is there anything we can do?
Joseph Jaap's answer
If you don't leave, and landlord files an eviction, you can attend the eviction hearing and explain the situation to the court. The court will decide if you breached the lease and if landlord has a valid basis to evict you. If the court orders an eviction, it will give you 7 to 10 days to vacate. So try to work it out with landlord. If she files an eviction, it becomes a permanent court record, even if it gets dismissed. It could then be difficult to rent from a landlord who finds that...
If you don't leave, and landlord files an eviction, you can attend the eviction hearing and explain the situation to the court. The court will decide if you breached the lease and if landlord has a valid basis to evict you. If the court orders an eviction, it will give you 7 to 10 days to vacate. So try to work it out with landlord. If she files an eviction, it becomes a permanent court record, even if it gets dismissed. It could then be difficult to rent from a landlord who finds that...
Q: Can a child decide they don't want to see the other parent after a court order has been made? After a certain age?
Joseph Jaap's answer
The court-ordered parenting time must be met, until the court changes it. If father will agree, then work out a new schedule, submit it to the court as both parents agree, and the court might approve it. The court could hold a hearing to hear from your daughter, but it is up to the court to decide, not her. A court might give more weight to the desires of a teenager. Use the Find a Lawyer tab to retain a local family law attorney to advise you.
The court-ordered parenting time must be met, until the court changes it. If father will agree, then work out a new schedule, submit it to the court as both parents agree, and the court might approve it. The court could hold a hearing to hear from your daughter, but it is up to the court to decide, not her. A court might give more weight to the desires of a teenager. Use the Find a Lawyer tab to retain a local family law attorney to advise you.
Q: I am considering offering a rent to own option on my house. Should rent be higher because it goes towards purchase pric
Joseph Jaap's answer
You can ask whatever you want. It depends on what buyers in the market are willing to pay. Part of rent can go to purchase price, or not. Totally up to you and buyer to negotiate. Use the Find a Lawyer tab to have a local attorney draft a proper lease/option contract.
You can ask whatever you want. It depends on what buyers in the market are willing to pay. Part of rent can go to purchase price, or not. Totally up to you and buyer to negotiate. Use the Find a Lawyer tab to have a local attorney draft a proper lease/option contract.
Q: In the middle of a divorce without legal rep. If I buy a house now, does she have any future claim on it?
Joseph Jaap's answer
If you buy it now before the divorce is final, then she will have a dower interest in it, and its ownership will have to be included and determined in the divorce. So that will complicate the divorce. Use the Find a Lawyer tab to retain a local family law attorney to represent you, because it can be very difficult, expensive, and/or impossible to fix any mistakes after the divorce is final, and can cost you for years.
If you buy it now before the divorce is final, then she will have a dower interest in it, and its ownership will have to be included and determined in the divorce. So that will complicate the divorce. Use the Find a Lawyer tab to retain a local family law attorney to represent you, because it can be very difficult, expensive, and/or impossible to fix any mistakes after the divorce is final, and can cost you for years.
Q: Will there be legal ramifications if I run away from home. I live in Ohio.
Joseph Jaap's answer
Your could be reported as a runaway, and that could be a problem for you and anyone who might help you. Talk to other family members or your local child services agency.
Your could be reported as a runaway, and that could be a problem for you and anyone who might help you. Talk to other family members or your local child services agency.
Q: Does my mother have to give me father legal papers? custody question
Joseph Jaap's answer
He should contact the county office that handles birth certificates and the social security office to find out how to get replacements.
He should contact the county office that handles birth certificates and the social security office to find out how to get replacements.
Q: Ok so.im having a raccoon issue and my landlord refuses to take care of it.
Joseph Jaap's answer
What does your lease says about pests and who pays for exterminators? If it doesn't say, then you could be responsible. Contact the rental assistance agency and ask them to contact landlord. You could pay your portion of rent into escrow, if the agency will allow you to do it. Or you could get an exterminator to remove the raccoon, then send the bill to the landlord. If he won't pay, you could sue him in small claims court, but if your lease doesn't specifically say landlord is...
What does your lease says about pests and who pays for exterminators? If it doesn't say, then you could be responsible. Contact the rental assistance agency and ask them to contact landlord. You could pay your portion of rent into escrow, if the agency will allow you to do it. Or you could get an exterminator to remove the raccoon, then send the bill to the landlord. If he won't pay, you could sue him in small claims court, but if your lease doesn't specifically say landlord is...
Q: My son is 14 and has a huge history of violence and court involvement is running away a charge that can be filled
Matthew Williams' answer
Yes, a child can face an allegation of being unruly or delinquent as a result of running away. Of course, it isn't considered very serious and most children who run away are not charged with anything.
Yes, a child can face an allegation of being unruly or delinquent as a result of running away. Of course, it isn't considered very serious and most children who run away are not charged with anything.
Q: Hello I am looking for advice on landlord/tenant and security deposit laws and rules. I'm hoping you can help. Thanks.
Joseph Jaap's answer
Here is the link for security deposits: http://codes.ohio.gov/orc/5321.16v1
You could sue landlord in small claims court for the return of the deposit, but it probably is not worth your time. If there are not photos of before and after, and a walk-through inspection before and after, it would be difficult to prove what was done to the carpet.
Here is the link for security deposits: http://codes.ohio.gov/orc/5321.16v1
You could sue landlord in small claims court for the return of the deposit, but it probably is not worth your time. If there are not photos of before and after, and a walk-through inspection before and after, it would be difficult to prove what was done to the carpet.
Q: what should expect at my forcible entry eviction court hearing? i am the tennet.
Joseph Jaap's answer
The court is likely to order the eviction and give you 7 to 10 days to move out. If you don't move out by the deadline, the landlord can have the sheriff come and move everything outside. So look for some other place to live as quickly as you can, or try to work it out with landlord. You might be able to delay the hearing by a week by telling the court you need time to find an attorney. The court might, or might not, postpone the hearing for a week.
The court is likely to order the eviction and give you 7 to 10 days to move out. If you don't move out by the deadline, the landlord can have the sheriff come and move everything outside. So look for some other place to live as quickly as you can, or try to work it out with landlord. You might be able to delay the hearing by a week by telling the court you need time to find an attorney. The court might, or might not, postpone the hearing for a week.
Q: Soon to be ex-wife has temp sole custody of son,she lives in Indiana,I live in Ohio. can I still go for shared parenting
Robert Mues Esq's answer
I assume the matter is pending in Indiana. Correct? I am not licensed there. Regardless of the state, you need a lawyer to represent you.
In Ohio, you would not be precluded from Shared Parenting simply because you live in different states. It would essentially come down to a "best interest" determination of your son. But I know the Indiana has some different laws and positions from Ohio. Get that Indiana lawyer SOON.
Good luck!
I assume the matter is pending in Indiana. Correct? I am not licensed there. Regardless of the state, you need a lawyer to represent you.
In Ohio, you would not be precluded from Shared Parenting simply because you live in different states. It would essentially come down to a "best interest" determination of your son. But I know the Indiana has some different laws and positions from Ohio. Get that Indiana lawyer SOON.
Good luck!
Q: Minor son is charged for domestic violence because he wanted to stop her adult sister bullying him
Matthew Williams' answer
Your son needs a lawyer plain and simple. Prosecutors often pursue domestic cases even with uncooperative or downright hostile victims.
How did the police get involved in this?
Your son needs a lawyer plain and simple. Prosecutors often pursue domestic cases even with uncooperative or downright hostile victims.
How did the police get involved in this?
Q: I'm a unmarried mother moving out of state the father is threatening to try to keep me in ohio. Can I legally go?
Joseph Jaap's answer
Until you establish residency in an new state, which might require living there as much as 6 months, he could file here in OH for parenting rights, and OH would still have jurisdiction, and an OH court could require you to return the child. That could be complicated and more expensive for him, but it could happen. Use the Find a Lawyer tab and retain a local OH attorney ASAP to review all the facts with you and advise you.
Until you establish residency in an new state, which might require living there as much as 6 months, he could file here in OH for parenting rights, and OH would still have jurisdiction, and an OH court could require you to return the child. That could be complicated and more expensive for him, but it could happen. Use the Find a Lawyer tab and retain a local OH attorney ASAP to review all the facts with you and advise you.
Q: Full time masters while H1B renewal is pending
Carl Shusterman's answer
You cannot stop working for your H-1B employer while your extension of status is pending. And because you have an approved I-140, you probably will not be able to get F-1 student status. Schedule a consultation with an experienced immigration lawyer.
You cannot stop working for your H-1B employer while your extension of status is pending. And because you have an approved I-140, you probably will not be able to get F-1 student status. Schedule a consultation with an experienced immigration lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
